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2.2
Brivis will determine in its sole discretion, which classification the Product fits into and the corresponding
Warranty that shall apply.
2.3
An Authorised Service Representative will repair or replace, at its option, the Product or any part of the Product
that its examination shows to be defective. The repair or replacement shall be performed during Normal
Business Hours by an Authorised Service Representative. Repair by persons other than an Authorised Service
Representative may void the Warranty.
2.4
The Warranty of the Product requires that, in addition to all other conditions, the Purchaser conducts regular
and/or preventativemaintenance as may be specified by Brivis (e.g. Operating Instructions) and required by
the level of usage and the usage environment, including the use of correct and uncontaminated refrigerants
and lubricants.
3
Conditions of Warranty
3.1
The Purchaser may only obtain the benefit of the Warranty if the Purchaser:
a) maintains and services the Product in accordance with the instructions set out in the service section of the
relevant Service or Owner’s Manual; b) complies with clause 7 below (titled "Purchaser's
Responsibilities");
c) notifies Brivis within 30 days of a defect developing, that a claim is being made under this Warranty; and
d) provides, in support of the claim made under this Warranty, a Proof of Purchase.
3.2
This document represents the only Warranty given by Brivis and no other person or organisation is authorised
by Brivis to offer any alternative.
4
Exclusions
4.1
This Warranty does NOT cover:
a) damage, problems or failure resulting from improper operation and/or inadequate maintenance by the
Purchaser (refer Purchaser’s Responsibilities section below);
b) damage, problems or failure resulting from improper or faulty installation. The Product must be installed
by a Qualified Installer in accordance with applicable regulations. Where applicable, Certificate(s) of
Compliance must be obtained by the purchaser from Qualified Installer and present it to the Authorised
Service Representative;
c) damage, problems or failure caused by factors external to the Product including, but not limited to, faulty
or poor externalelectrical wiring, incorrect or faulty power supply, voltage fluctuations, over voltage
transients or electromagnetic interference,inadequate or faulty gas, drainage services, or water services,
including water pressure, and non potable water;
d) damage, problems or failure caused by acts of God, fire, wind, lightning, flood, storm, vandalism,
earthquake, war, civil insurrection, misuse, abuse, negligence, accident, pests, animals, pets, vermin,
insects, spiders or entry of foreign objects ormatter into the Product such as dirt, debris, soot or moisture;
e) damage, problems or failure caused by weather including, but not limited to, hail, salt or other corrosive
substances;
f) Product which has been installed in a portable or mobile building, structure or application including, but
not limited to, acaravan or boat;
g) Product which is being re-installed at a location other than the original site;
h) any consumable item supplied with the Product including, but not limited to, an air filter, battery, fan belt,
igniter or cooler pad;
i) installation of third-party components that may be attached to the Product. These include, but are not
limited to, control wiring, ducting, return air filter(s) grille, register, diffuser, zone motors,
controls/thermostats, pipe work and fabricated or added components. These items remain solely the
responsibility of the Qualified Installer;
j) installations where electrics/electronics may be subjected to moisture/chemicals (e.g. swimming pools or
nurseries);
k) any repair, which is needed as a result of an accident, misuse, abuse or negligence;
l) Product that is utilised in an environment (indoor and outdoor) outside its specified operating range; and
m) fair wear and tear to the Product.
5
Limitations
5.1
Product fitness for purpose and overall system design, sizing and application are not the responsibility of Brivis.
This includes but is not limited to the heat load calculations, airflow and system balancing.
5.2
This Warranty does not apply to any Product installed at an Installation Site which is outside Australia or New
Zealand.
5.3
Except where inconsistent with the purchaser’s statutory rights and the rights given by this Warranty, all of the
warranties and all liabilities of Brivis for any direct, special, indirect or consequential loss or damage, any
damage or expense for personal injury or any loss or destruction of property arising directly or indirectly from
the use or inability to use the Product or any of its parts and servicing the Product, are expressly excluded.
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